Conservatorship vs power of attorney

Updated 2026-10-16 · Expert review in progress

The short answer

A conservatorship is needed when an adult can no longer manage money and nothing they signed can do the job: no durable financial power of attorney, an agent who can't serve, or one who misuses it. A financial power of attorney, signed while you can, usually lets someone you chose handle money without court.

The rent still comes due when someone is in the hospital. So do the electric bill, the property tax and the dog walker. Somebody has to be allowed to pay them.

That permission comes from one of two places: a document you signed, or a court order. This page explains conservatorship vs power of attorney, and when the court route becomes necessary. It's part of our guide to what happens if you can't speak for yourself.

What is a conservatorship?

In Washington, a conservator is someone "appointed by a court to make decisions with respect to the property or financial affairs" of another person (RCW 11.130.010). A guardian is the court appointee for personal decisions, such as care and housing. Some people have one, some both. The page on guardianship vs power of attorney covers that side.

A conservator is a fiduciary: legally required to act in the person's interest. Washington tells a conservator to make the decision the person would make if able. The exception is when that would fail to preserve what's needed for the person's well-being (RCW 11.130.505).

What does a financial power of attorney do instead?

A financial power of attorney names an agent to handle money and property for you. You choose the person and what the document covers. Nothing has to be filed with a court to create it.

Two Washington rules matter most. It must contain durability wording, or it ends when you become incapacitated (RCW 11.125.040). And some powers, such as making gifts or changing beneficiaries, must be granted expressly (RCW 11.125.240).

When does someone need a conservatorship instead?

A court can appoint a conservator for an adult only on clear and convincing evidence of three things (RCW 11.130.360):

The adult can't manage property or financial affairs because of a limitation in receiving and evaluating information or making or communicating decisions, even with support. (Being missing, detained or unable to return to the United States also counts.)
A conservator is needed to avoid harm or significant loss of property, or to get funds needed for the person's care.
A protective arrangement or other less restrictive alternative won't meet those needs.

Washington lists a power of attorney for finances as one of those less restrictive alternatives (RCW 11.130.010). So in practice, a conservatorship tends to come up in situations like these:

Nothing was signed in time. The person can no longer understand a document, so a power of attorney is no longer an option.
The document isn't durable. In Washington, a power of attorney without durability wording ended at incapacity.
The agent can't serve, and no backup was named. A power of attorney ends if the agent dies, resigns or becomes incapacitated with no successor (RCW 11.125.100).
The document is too narrow for what needs doing, and the person can't sign a broader one.
The agent is misusing it. A court can review an agent's conduct and remove an agent who is unfit (RCW 11.125.160).

The statute also says a medical diagnosis, age, eccentricity or poverty is not enough by itself. The decision is a legal one, based on problems managing money over time (RCW 11.130.360).

What does a conservatorship involve?

The process looks a lot like guardianship. A petition is filed and must be heard within sixty days unless extended for good cause. The person receives a plain-language notice of their rights, including the right to a jury trial (RCW 11.130.370). The court orders a professional evaluation focused on the person's ability to manage money (RCW 11.130.390).

Once appointed, a conservator works under the court's eye:

A bond. The court generally requires a bond or verified receipt. A regulated financial institution qualified to do trust business in Washington is exempt (RCW 11.130.445).
An inventory. A detailed inventory is due within ninety days of appointment (RCW 11.130.515).
Reports and accountings. The conservator files reports listing receipts, payments and property (RCW 11.130.530).
Court approval for big steps. Selling or mortgaging the person's home, making gifts, or changing a trust or beneficiary needs specific court authorization unless the court orders otherwise (RCW 11.130.435).

That oversight protects people. It also makes everyday money management slower and more formal than an agent acting under a document.

Conservatorship vs power of attorney, side by side

Item	Financial power of attorney	Conservatorship
Who chooses the person	You	A judge, using a priority list (RCW 11.130.415)
When it's created	While you can sign	After a petition and hearing
What it covers	What your document grants	The powers in the court order
Selling the house	If your document allows it	Needs court approval
Ongoing paperwork	Records kept, shared on request	Bond, inventory, reports to the court
Ending it	You can revoke it while you have capacity	The court ends or changes it

Is there something in between?

Yes. Washington lets a court make a protective arrangement instead of a conservatorship (RCW 11.130.590). The court can authorize one specific transaction, such as setting up benefits or selling a property. It can also restrict a specific person's access to someone's money, without appointing an ongoing conservator.

That helps when one task needs doing and nothing else is wrong. It still requires a court hearing.

What if a power of attorney and a conservator both exist?

Your agent keeps working. Under Washington law, a conservator can't revoke or amend your financial power of attorney. Your agent's decisions within their authority take precedence over the conservator's, unless the court orders otherwise (RCW 11.130.435).

The agent becomes accountable to the conservator as well as to you (RCW 11.125.080). The court keeps the power to revoke or amend the document if needed.

How do you keep the court out of it?

Here is a typical case, a composite. Helen, 77, moved into assisted living after a fall. Her financial power of attorney named her nephew, with a trust company as backup. When her nephew took a job overseas and resigned, the backup stepped in to pay the mortgage, file her taxes and keep her dog's boarding paid. Nobody filed a petition.

The simple version of Helen's plan looks like this:

Sign a durable financial power of attorney while you can. Our post on the durable power of attorney explains the wording.
Name a backup agent under RCW 11.125.110. See naming a backup in every role.
Nominate a conservator in the document, in case a court is ever involved. The court must follow your most recent nomination except for good cause or disqualification (RCW 11.125.080).
Consider a living trust for larger assets, so a successor trustee can step in under its terms.

More on all of this is in how to avoid guardianship. If memory changes are already part of the picture, read dementia and power of attorney next. Kinly members can name Trella Trust Company as financial agent, first or behind a family member. Our guide to choosing professional help compares that with other options.

Common questions

Is a conservator the same as a guardian?

Not in Washington. A conservator handles property and financial affairs, while a guardian handles personal decisions like care and where someone lives. A court can appoint one or both.

Can a power of attorney stop a conservatorship?

Often. A Washington court can appoint a conservator only if a less restrictive alternative won't meet the person's needs, and a financial power of attorney counts as one. If the agent can't act or is misusing the role, a court may still step in.

Does a conservator need court permission to sell a house?

In Washington, yes, generally. Selling or mortgaging the person's home or other real estate requires specific court authorization unless the court orders otherwise. A financial agent can sell property if the power of attorney grants that authority.

Who becomes conservator if I never named anyone?

The court follows a priority list. First come an existing conservator from another state, someone you nominated and your financial agent. Then come your spouse or domestic partner, a caring relative or friend, and a certified professional or another suitable entity. The judge can choose differently in your best interest.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

Incapacity and careHow to avoid guardianshipHow to avoid guardianship: the documents to sign, the backups to name and the nomination to write, so a court rarely needs to step in. Washington's rules.Incapacity and careDementia and power of attorney: when it's too late to signDementia and power of attorney: why a diagnosis alone doesn't end the ability to sign, why sooner is easier, and what happens in Washington if it's too late.Incapacity and careIf you can't speak for yourself: incapacity, explainedWhat happens if you become incapacitated without a power of attorney, who decides for you, and how guardianship, care plans and wishes fit together.